[2017] 1 MLJ Michael Philip Spears v Ketua Pengarah Penjara Kajang & Anor and another appeal (Varghese George JCA) 475 A Appeal from: Suit No 21NCVC-34–06 of 2014 (High Court, Kuala Lumpur) B Abdul Rashid bin Ismail (Azreen bt Ahmad Rastom with him) (Rashid Zulkifli) for the appellant. Alice Loke Yee Ching (Andi Razalijaya bin A Dadi with her) (Senior Federal Counsel, Attorney General’s Chambers) for the respondent. Varghese George JCA: INTRODUCTION C [1] There were two inter-related appeals before us. The appellant, the plaintiff in Civil Suit 21NCVC-35–06 of 2014 (‘the suit’), was the appellant in both the appeals. The appeals were against decisions given in respect of two interlocutory applications brought within the suit. D E F [2] Appeal No W-01(IM)(NCVC)-268–07 of 2014 was against the decision of the High Court which had dismissed the appellant’s application vide encl 4 for a stay pending disposal of the suit, of the sentence of death by hanging handed down on 13 June 2000 against the appellant. [3] Appeal No W-01(IM)(NCVC)-415–10 of 2014 was against the High Court’s decision which allowed the respondent’s application vide encl 8 brought under O 18 r 19(1)(a), (b) or (d) of the Rules of Court 2012 or the inherent powers of the court, to strike out the suit. BACKGROUND G H [4] The appellant together with two others had been arrested on 20 February 1997 and subsequently arraigned on charges for murder. On 13 June 2000 the High Court had convicted all the three accused and sentenced them to death. [5] The accused appealed to the Court of Appeal. On 21 May 2003 the Court of Appeal dismissed the appellant’s and one other accused’s appeal, while allowing the appeal of the one other. [6] The Federal Court on 1 August 2008 dismissed the appellant’s and the other accused’s appeal and affirmed the death sentence ordered against them. I [7] The Pardons Board also had turned down the appellant’s plea for clemency on 30 July 2013 and the prison authorities were duly informed of the said decision on 29 November 2013. [8] The hanging of the appellant had been scheduled for the 14 March 2014